Welcome to https://www.felinepc.com. The https://www.felinepc.com website (the "Site") is comprised of various web pages, products and services offered by FelinePC, LLC ("FelinePC"). FelinePC's products and services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of https://www.felinepc.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. https://www.felinepc.com is a E-commerce Site that conducts sales of computers and IT related services.
Visiting https://www.felinepc.com or sending emails to FelinePC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
FelinePC agrees to provide IT related products and services requested by you, hereafter referred to as "the client" or "customer". These products and services may include, but are not limited to, consultation, diagnosis, configuration, installation, maintenance, repair, desktop computers, servers, and other IT related products and services. FelinePC will make every effort in good faith to fully complete any service contracted. In certain cases however, services may not be able to be performed or completed due to circumstances beyond the control of FelinePC. In such cases, the client agrees to fully compensate FelinePC for services rendered. The client also agrees to compensate FelinePC for all materials and expenses incurred in providing services, even those which remain incomplete. Additionally, the client agrees to compensate FelinePC for reasonable time spent in the attempt to provide services not completed so long as FelinePC is not directly responsible for circumstances preventing completion of services.
The client understands and agrees that these terms and conditions shall be the operating agreement for any requested products and services in the absence of any other agreement. The client understands and agrees that prior to contracting or allowing FelinePC to perform diagnostic, repair, or other services on the clients systems, it is the responsibility of the client to back-up all data, software, information, and/or other files stored on any affected hardware, including but not limited to tape backups, hard drives, and/or solid state media. The client acknowledges and agrees that FelinePC shall not be responsible under any circumstance for any loss, alteration, corruption or security breach of data and/or software.
FelinePC reserves the right to refrain from providing any or all requested products and services and instead refund the client, wholly or in part, on the basis that the client's technical needs or other requirements are unusual or extensive and beyond the scope of this service agreement as reasonably determined by FelinePC. FelinePC reserves the right to refuse or discontinue services to any client on the basis of risk management and conduct, including, but not limited to, cases where the client exhibits excessively rude, aggressive, or abusive behavior towards any employee, contractor, vendor, or associate of FelinePC. FORCE MAJEURE: In no event shall FelinePC be responsible or liable for any failure or delay in the performance of its obligations hereunder arising out of or caused by, directly or indirectly, forces beyond its control, including, without limitation, strikes, work stoppages, accidents, acts of war or terrorism, civil or military disturbances, nuclear or natural catastrophes or acts of God, and interruptions, loss or malfunctions of utilities, communications or computer (software and hardware) services; it being understood that FelinePC shall use reasonable efforts which are consistent with accepted practices in its industry to resume performance as soon as practicable under the circumstances. LIMITATION OF LIABILITY: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLIENT AGREES THAT FELINEPC'S TOTAL LIABILITY FOR DAMAGES RELATED TO PRODUCTS OR SERVICES PROVIDED IS LIMITED TO THE TOTAL AMOUNT PAID FOR SAID PRODUCTS OR SERVICES. FURTHERMORE THE CLIENT RELEASES FELINEPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBORDINATES, SUPPLIERS AND ASSOCIATES FROM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. FELINEPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBORDINATES, SUPPLIERS AND ASSOCIATES ARE NOT LIABLE FOR LOSS, ALTERATION, SECURITY BREACH, OR CORRUPTION OF ANY DATA NOR FOR THE CLIENT'S INABILITY TO UNDERSTAND AND/OR PROPERLY UTILIZE A PROVIDED PRODUCT OR SERVICE IN THE EVENT THAT SAID PRODUCT OR SERVICE WAS PROVIDED IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. IT IS THE CLIENT'S RESPONSIBILITY TO BACK UP AND KEEP SAFE ALL DATA THAT BELONG TO THE CLIENT. FELINEPC IS NOT A PROFESSIONAL OR CERTIFIED COMPUTER/NETWORK SECURITY SERVICE PROVIDER. ANY SECURITY-RELATED IT SERVICES FELINEPC PERFORMS AND ANY SECURITY-RELATED ADVICES FELINEPC PROVIDES ARE SOLELY BASED ON COMMON KNOWLEDGE OF THE IT INDUSTRY, AND ARE NOT MEANT TO SUBSTITUTE THE NEEDS OF ANY PROFESSIONAL DATA SECURITY SERVICES OR DATA BREACH INSURANCES.
FelinePC monthly IT services may require a valid payment method on file such as a credit card. By providing such a payment method, the client authorizes regularly scheduled charges per service terms without further notifications. The client will be charged each billing period for the total amount due for that period. A receipt will be provided via email or from within the FelinePC client portal for each billing period. The client agrees that such authorization will remain in full effect until it is canceled in writing by the client, and that the client agrees to notify FelinePC in writing of any changes in payment information or termination of this authorization at least 15 days prior to the next billing date. The client certifies that he or she is the authorized user of such payment method and will not dispute the scheduled payments with financial institutions which provided the funds and transactions correspond to the terms indicated in this agreement. If any disputes or chargebacks occur as a result of the client's breach of this agreement, the client agrees to fully reimburse FelinePC for the original amount due plus associated costs to recover these funds.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that FelinePC is not responsible for third party access to your account that results from theft or misappropriation of your account. FelinePC and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. FelinePC does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.felinepc.com only with permission of a parent or guardian.
Unless otherwise specified, tangible products purchased from FelinePC may be returned for a refund, lest any applicable restocking fee, within 30 days of purchase. This refund policy excludes certain custom configurations, computer software and special orders. Refund will be issued upon successful return and inspection of the product(s). FelinePC requires that the product(s) to be returned in complete and original condition, including all original parts and accessories free of user damage. FelinePC reserves the right to deny returns that are incomplete or damaged. Certain special order items may be unreturnable or have restricted return policies. Such polocies will be clearly noted at the time of sale and shall override the general return policy stated above. IT services provided by FelinePC are non-refundable. For any prepaid monthly or other term-length IT service plan, the client is not entitled to any refund or credit for the unused portion of the client's account balance if the service is canceled before the service term ends. If client's account is suspended or canceled by FelinePC due to the violation of any service agreement or acceptable use policy, any remaining balance will be forfeited.
FelinePC's Limited Warranty Statement can be accessed at https://www.felinepc.com/legal/warranty.htm
https://www.felinepc.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FelinePC and FelinePC is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FelinePC is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FelinePC of the site or any association with its operators. Certain services made available via https://www.felinepc.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.felinepc.com domain, you hereby acknowledge and consent that FelinePC may share such information and data with any third party with whom FelinePC has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.felinepc.com users and customers.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations. FelinePC has no obligation to monitor the Communication Services. However, FelinePC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FelinePC reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. FelinePC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FelinePC's sole discretion. Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FelinePC does not control or endorse the content, messages or information found in any Communication Service and, therefore, FelinePC specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FelinePC spokespersons, and their views do not necessarily reflect those of FelinePC. Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
FelinePC does not claim ownership of the materials you provide to https://www.felinepc.com (including feedback and suggestions) or post, upload, input or submit to any FelinePC Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FelinePC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. FelinePC is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FelinePC's sole discretion. By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
You will be able to connect your FelinePC account to third party accounts. By connecting your FelinePC account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by FelinePC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FelinePC Content accessed through https://www.felinepc.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless FelinePC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FelinePC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FelinePC in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CLIENT AGREES THAT FELINEPC'S TOTAL LIABILITY FOR DAMAGES RELATED TO PRODUCTS OR SERVICES PROVIDED IS LIMITED TO THE TOTAL AMOUNT PAID FOR SAID PRODUCTS OR SERVICES. FURTHERMORE THE CLIENT RELEASES FELINEPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBORDINATES, SUPPLIERS AND ASSOCIATES FROM LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. FELINEPC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBORDINATES, SUPPLIERS AND ASSOCIATES ARE NOT LIABLE FOR LOSS, ALTERATION, SECURITY BREACH, OR CORRUPTION OF ANY DATA NOR FOR THE CLIENT'S INABILITY TO UNDERSTAND AND/OR PROPERLY UTILIZE A PROVIDED PRODUCT OR SERVICE IN THE EVENT THAT SAID PRODUCT OR SERVICE WAS PROVIDED IN ACCORDANCE WITH THE PROVISIONS OF THIS AGREEMENT. IT IS THE CLIENT'S RESPONSIBILITY TO BACK UP AND KEEP SAFE ALL DATA THAT BELONG TO THE CLIENT. FELINEPC IS NOT A PROFESSIONAL OR CERTIFIED COMPUTER/NETWORK SECURITY SERVICE PROVIDER. ANY SECURITY-RELATED IT SERVICES FELINEPC PERFORMS AND ANY SECURITY-RELATED ADVICES FELINEPC PROVIDES ARE SOLELY BASED ON COMMON KNOWLEDGE OF THE IT INDUSTRY, AND ARE NOT MEANT TO SUBSTITUTE THE NEEDS OF ANY PROFESSIONAL DATA SECURITY SERVICES OR DATA BREACH INSURANCES.
FelinePC reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. You agree that no joint venture, partnership, employment, or agency relationship exists between you and FelinePC as a result of this agreement or use of the Site. FelinePC's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FelinePC's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FelinePC with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FelinePC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FelinePC with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
FelinePC reserves the right, in its sole discretion, to change the Terms under which its products and services are offered. The most current version of the Terms will supersede all previous versions. FelinePC encourages you to periodically review the Terms to stay informed of our updates.
FelinePC welcomes your questions or comments regarding the Terms:
Effective as of April 20, 2013